Exhausted by his prolonged court battle with the city, longtime Boulder City Council critic Seth Brigham said Friday he does not have the energy to follow through with a threatened lawsuit against Boulder for trying to obtain a permanent restraining order against him, and instead will move out of Colorado.

Brigham said that while Boulder lost its bid in court for a protection order, the four-month fight over the city's request took a toll on his physical and mental health.

"I just had a nervous breakdown," Brigham said. "For my own personal health, I'm not going any further."

The 30-year Boulder resident said he was "99 percent" sure he will leave for Wisconsin by early November. He said he has friends in Milwaukee.

"I need to be around people I really love and believe in," he said.

David Lane, Brigham's attorney, had given Boulder a deadline of noon Friday to settle and prevent a lawsuit from being field over abuse of process allegations. Boulder received a temporary restraining order in May and unsuccessfully sought to make it permanent in order to keep Brigham away from City Council meetings, saying he was a threat to public officials.

"The stress and pressure of the whole process wore him down," Lane said. "I think he's decided wisely for his own peace of mind and tranquility that moving out of Boulder is good for him.

"He ultimately won, but it took a toll on him," Lane said.

'It wasn't about the money'

In August, Boulder County Judge David Archuleta denied the request for a permanent protection order filed by Boulder City Attorney Tom Carr on behalf of the City Council, ruling Brigham did not pose an imminent threat.

While Lane said he felt Brigham's decision to move out of Boulder was the right one, he said he was disappointed he would not be able to move forward with the lawsuit.

Lane secured a $10,000 settlement for Brigham from the city of Boulder in 2010 over Brigham's arrest at a City Council meeting, and was looking for more in damages this time around.

"I was looking forward to it, because he had a good lawsuit," Lane said. "I think Boulder is getting off way easier than it should. They should be forced to defend the lawsuit."

Boulder spokesman Patrick von Keyserling said the city had not received any notification from Lane about Brigham's decision, but maintained the city's position that it did nothing wrong and that a lawsuit would be "frivolous."

Brigham said he did think he deserved a settlement from the city, but said it was not worth the long process of a lawsuit.

"It wasn't about the money," Brigham said. "It was the fact that they portrayed me as a dangerous person, when that's not the truth. I was very hurt by the city. I'm peaceful, and I would never hurt anybody. I only wanted to express myself."

The city argued that John Nicoletti, a workplace violence expert, had concluded that Brigham's outbursts at meetings and his e-mail were signs that he was a safety threat. Among the e-mail in question was a thread in which Brigham posted pictures of Councilwoman K.C. Becker's house and family.

"We hear from Seth a lot, and I really thought there was an escalation in his unpredictable behavior," Becker said after learning of Brigham's decision to leave Boulder. "I felt he began to obsess in an unsafe and, to me, scary way. I thought it was reasonable to have someone else take a look at it."

'I've lost faith'

If he does in fact leave Boulder, it will have been a tumultuous stay for Brigham, who admitted sometimes he can get "passionate" in his role as local watchdog.

Brigham was arrested at one meeting after stripping down to his boxers and refusing to leave. Another time, Brigham went to a dinner and said "Heil Hitler" to the council members, gave a one-armed Nazi-style salute and asked, "What kind of fascist meeting is this?"

But Lane said he was sad to see somebody so involved in the city process leave.

"It is too bad, and I'm sure the Boulder City Council is not sorry to see Seth move," Lane said. "It's a good First Amendment moment to have a guy like Seth present. It teaches people what free speech is all about, and Boulder City Council needs a lesson in the First Amendment."

Becker said she never had a problem with Brigham's role as a watchdog, but said the issues arose when his political attacks turned personal.

"There will always be, and should always be, close watchers of council, and that's a good thing," she said. "What I won't miss is anyone crossing the line to unpredictable and dangerous behavior."

But Becker said despite the restraining order and everything that has happened since, she hopes Brigham finds "comfort and peace," wherever he ends up.

"I have no ill feelings personally towards Seth, and I wish him the best," Becker said.

At his first meeting back following Archuleta's ruling, Brigham appeared before the City Council on Tuesday night and danced in front of the council members with headphones on while he belted out the words to Bob Dylan's "When I Paint My Masterpiece." Brigham had a metal "Danger" sign that he banged against his body. At one point, he did a somersault.

"I won, I made my point, I celebrated," Brigham said.

While Brigham said he hoped to occasionally return to visit the city he's lived in for the past 30 years, he said he was disappointed with the direction Boulder was heading in.

"I don't like what's happened to my city," said Brigham, who added that he feels Boulder needs to do more to help the homeless and people who -- like him -- battle mental illness and depression. "I've lost faith in the city government despite having some great programs. There are many great things the city is doing, but they could be doing more."

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